Zeely v. Yansen

Decided August 15, 1807

New York Supreme Court · decided 1807-08-15

ON, the return to the certiorari in this cause, it appeá-red that the justice, for want of a sufficient number ofju-rors w|10 were' summoned on the venire, awarded a tales . ‘ de cixcumstantibus: and the only question was, whether, unt*er 1 act> a justice has power to award a tales.

Good law ✅— No negative treatment on recordhow we know

Decided 1807-08-15

How this case has been cited

Cited by 4 later decisions (1 by the Supreme Court) — most recently April 1899

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,.

¶1The power of awarding a ¿aZes is incident to a court of justice, and essentiafto its proceédings. By -the first section of the act, every justice is invested with all the power usual in courts of record, for the purpose of hearing and trying causes; and the power of awarding a tales, in case of aMefault of the jurors summoned on t.he venire, is a power usual in courts of record. The justice was, therefore, right in ^’awarding a tales; and the judgment below .must be affirmed.

¶2Judgment affirmed.